[HISTORY: Adopted by the Board of Supervisors of Mathews County 3-22-1977.
Amendments noted where applicable.]
A.
A public dance hall, within the meaning of this chapter,
shall mean any place open to the general public where dancing is permitted;
provided, however, that a restaurant licensed under § 4.1-210 of
the Code of Virginia to serve food and beverages having a dance floor with
an area not exceeding 10% of the total floor area of the establishment shall
not be considered a public dance hall.
B.
This chapter, however, shall not apply to dances held
for benevolent or charitable purposes, or when the same are conducted under
the auspices of religious, educational, civic, or military organizations.
It shall be unlawful for any person operating a public dance hall in
Mathews County to suffer or permit any person under the influence of alcoholic
beverages or any disorderly person to enter or remain in such dance hall,
whether participating in the dance or not.
A.
It shall be unlawful for any person to conduct a public
dance hall without having first obtained from the Board of Supervisors of
Mathews County a permit to conduct and operate the same and an annual license
from the Commissioner of Revenue of Mathews County in accordance with the
provisions of this chapter.
B.
Any person wishing to engage in the operation of a public
dance hall shall first submit an application to the County Administrator of
Mathews County on a form provided by the Administrator for a permit to conduct
such dance hall. Such application shall include the name and the address of
the proprietor and the address of the proposed dance hall, a detailed statement
of the facilities to be provided, including type of food and beverages to
be offered, a floor plan showing seating arrangements, the area to be used
for dancing, all exits, the amount of parking space available for patrons,
and such other information that may be required by the County Administrator
pertaining to the exits and arrangements of said building.
Upon the filing of an application for a public dance hall permit, the
Board of Supervisors may hear statements and receive evidence as to the suitability
of the location of the proposed public dance hall, preference being given
to ground floor locations, and as to the suitability and adequacy of the facilities,
and as to the fitness and financial responsibility of the persons who will
own, conduct, or manage the same, and the Board of Supervisors shall, by resolution
upon a record vote, grant or refuse a permit for the operation of a public
dance hall; provided, however, that no such permit shall be issued unless
it shall appear that all persons having a financial interest in, or connected
with, the management or operation of such dance hall, including stockholders
or lien holders, are of good reputation and are otherwise acceptable to the
Board of Supervisors.
Upon the violation of any of the provisions of this chapter, the violation
of any of the provisions of Title 4, Code of Virginia, and of the rules and
regulations of the Alcoholic Beverage Control Board, or the violation of § 18.2-258
of the Code of Virginia, 1950, as amended, the Board of Supervisors shall
have the right, in addition to any other remedies allowed by law, to revoke
a permit for the operation of a public dance hall after due hearing and upon
not less than five days' notice in writing to the holder of the permit. Such
notice shall be sent by registered letter to the address given by the holder
of the permit when applying for such permit.
Public dance halls shall not be open in Mathews County from 2:00 a.m.
to 12:00 noon on Sundays and from 2:00 a.m. to 6:00 a.m. on Mondays, Tuesdays,
Wednesdays, Thursdays, Fridays, and Saturdays.
Any person violating the provisions of this chapter shall be guilty
of a Class 3 misdemeanor.
A.
Required. It shall be unlawful for any person to operate
or conduct a public dance hall in Mathews County without having first obtained
a license therefor as provided in this chapter.
B.
Issuance. The license required for public dance halls
by this chapter shall be issued by the Commissioner of Revenue of the County
of Mathews, but not in any case shall the Commissioner of Revenue issue such
until and unless the person applying therefor shall obtain from the Board
of Supervisors a permit to operate and conduct such dances.
D.
Term; proration. Licenses issued pursuant to this chapter
shall be for the entire calendar year and shall not be prorated.
E.
Transfer or assignment. Permits and licenses issued pursuant
to this chapter shall not be transferable or assignable.
F.
Change in ownership, etc., of dance hall. The ownership,
management, or location of a public dance hall shall not be changed without
the approval of the Board of Supervisors.
The Sheriff of Mathews County or any of the Sheriff's deputies may enter
any public dance hall operated pursuant to a permit issued under the provisions
of this chapter at all hours to ensure that the peace and quiet of Mathews
County are preserved and that the conditions and restrictions of this chapter
are observed.
